Professional Documents
Culture Documents
No. 07-4000
______________
No. 07-5031
______________
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MALIK MONTREASE MOORE,
Defendant - Appellant.
Appeals from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:05-cr-00235-RLV-DCK-3)
Submitted:
Decided:
PER CURIAM:
Following
jury
trial,
Malik
Montrease
Moore
was
at
least
fifty
grams
or
more
of
mixture
or
cocaine
base;
(2)
engaged
in
improper
judicial
in
using
prior
convictions
to
enhance
his
sentence.
is
supported
by
substantial
evidence.
United
States v. Burgos, 94 F.3d 849, 862 (4th Cir. 1996) (en banc)
3
(citing
Glasser
v.
United
States,
315
U.S.
60,
80
(1942)).
whether
there
was
an
agreement
to
participate
in
the
this
court
does
review
the
credibility
of
the
of
one
witness
or
accomplice
may
United States v.
The uncorroborated
be
sufficient
to
sustain a conviction.
insufficiency
grounds
only
when
the
prosecutions
failure
is
clear.
prove
must
prove
conspiracy
(1)
an
under
21
agreement
U.S.C.
between
846,
two
or
the
more
knowing
and
voluntary
4
participation
in
the
conspiracy.
of
conspiracy
without
knowing
A defendant may be
all
the
conspiracys
He
willfully
join
in
the
plan
on
at
least
one
occasion.
Burgos, 94 F.3d at
organizational structure.
A single conspiracy exists where there is one overall
agreement or one general business venture.
578
(internal
quotation
marks
and
citation
omitted).
The
to
establish
Id.
single
[T]rial evidence is
conspiracy
where
the
See
United States v. Smith, 451 F.3d 209, 218 (4th Cir. 2006).
Here, Moore and his coconspirators were shown to have
shared
the
same
objectives
and
methods:
distributing
crack
individuals
for
resale.
buyer-seller transactions.
with
Moore,
pleaded
These
were
not
isolated,
guilty
and
then
testified
about
their
Other witnesses
and
they
to
knew
whom
he
from
sold
whom
it.
Moore
obtained
Moore
also
his
sold
crack
drugs
to
occasion.
The
totality
of
the
evidence
revealed
large
distribution
of
drugs
amounted
to
single
conspiracy.
Sixth
Amendment
rights
when
6
it
engaged
in
impermissible
Supreme
Court
held
that,
when
seeking
sentencing
Jersey,
530
U.S.
466,
490
(2000)
(emphasis
Apprendi
v.
added).
using
prior
convictions
to
enhance
sentence
is
constitutionally infirm.
Despite
remains
Moores
authoritative,
policy
and
we
arguments,
have
Almendarez-Torres
reaffirmed
its
continuing
Moores
enhance
his
sentence
were
not
prior
to
the
instant
Moore contends
enterprise
and
could
not
be
used
to
enhance
his
sentence.
Moores
concluded
that
argument
[w]hen
is
misplaced.
defendant
is
We
have
convicted
squarely
of
drug
sentence
if
the
conspiracy
continued
after
his
penalties
prior
sentence).
felony
for
846
violations
convictions
may
be
and
stating
used
to
that
enhance
continued well beyond his 2000 and 2003 convictions for the sale
of
cocaine,
we
conclude
these
two
convictions
were
properly
considered
prior
convictions
for
sentencing
enhancement
purposes.
Accordingly,
sentence.
legal
before
affirm
Moores
conviction
and
contentions
the
we
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED